Nintendo's Patents Take Aim at Palworld

Nintendo and The Pokémon Company have filed a lawsuit against Pocketpair, the developer of Palworld, citing patent infringement. The lawsuit, filed in Tokyo District Court, seeks an injunction and compensation for damages. Palworld, released in early access, has gained significant traction with over 25 million players, posing a notable challenge to the Pokémon franchise. The game's concept of 'Pals' - creatures that can be battled, captured, and used for various purposes - bears some resemblance to Pokémon, sparking the lawsuit. Notably, Nintendo is pursuing patent infringement rather than copyright infringement, which has raised eyebrows. Given the timing and nature of the lawsuit, it is uncertain whether Nintendo will also pursue copyright claims. The patents in question, including Japanese patents JP 7545191, JP 7528390, JP 7493117, and JP 7505854, relate to aspects of catching and riding 'combat characters' and were accelerated to issuance using expedited examination procedures. US counterpart applications, including U.S. App. No. 17/949,666 and U.S. App. No. 18/652,874, have been filed, with the latter two submitted after Palworld's release and utilizing the Track One expedited program. The first independent claims of these applications appear to be crafted to target Palworld's features, such as the behavior of Pal Spheres. As the lawsuit unfolds, it will be crucial to monitor how Nintendo addresses the examiners' rejections and whether they will file a similar suit in the US. The outcome of this case may have significant implications for the video game industry, potentially signaling a shift towards increased reliance on patents for intellectual property protection.